McKown v. Kansas & T. Coal Co.
U.S. Circuit Court for the District of Western Arkansas
At Law. On motion to remand. The plaintiff, Charles S. MeKown, on the 18th day of June, 1900, instituted a suit at law in the circuit court of the Greenwood district of Sebastian county, Ark., against the Kansas & Texas Goal Company for the sum of $2,000. On the 2d day of July, 1900, three days before the defendant was required to plead, it filed an answer denying specifically the allegations of the complaint, and setting up a counterclaim against the plaintiff in the sum of…
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At Law. On motion to remand. The plaintiff, Charles S. MeKown, on the 18th day of June, 1900, instituted a suit at law in the circuit court of the Greenwood district of Sebastian county, Ark., against the Kansas & Texas Goal Company for the sum of $2,000. On the 2d day of July, 1900, three days before the defendant was required to plead, it filed an answer denying specifically the allegations of the complaint, and setting up a counterclaim against the plaintiff in the sum of $10,000, and at t:ho same time filed its petition, accompanied by a bond in apt form, for the removal of the cause into…
1Opinion of the CourtRogers, District Judge
(after stating the facts). It is insisted by plaintiff’s counsel that plaintiff could not have instituted his suit iu this court for the sum of $2,000, because the amount is not sufficient to give the court jurisdiction, and that the amount involved in the counterclaim cannot he considered in order to increase the sum sued for by the plaintiff so as to give this court jurisdiction; and this contention is denied by; the defendant. The sole question, therefore, is as to whether or not the counterclaim can be taken into consideration to increase the amount sued for by the plaintiff so as to give…
2Cases cited13 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Mexican National Railroad v. DavidsonSupreme Court of the United States · 1895
- West v. Aurora CitySupreme Court of the United States · 1868
- Lee v. Continental Ins. Co.U.S. Circuit Court for the District of Utah · 1896
- Wahl v. FranzCourt of Appeals for the Eighth Circuit · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wheatley v. MartinDistrict Court, W.D. Arkansas · 1945
- Groel v. United Electric Co.U.S. Circuit Court for the District of New Jersey · 1904
- Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
- Price & Hart v. T. J. Ellis & Co.U.S. Circuit Court for the District of Eastern Arkansas · 1904
- Harley v. Firemen's Fund Ins.District Court, W.D. Washington · 1913
9 more not listed; retrieve them via the Exa API.